[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2918 Introduced in House (IH)]
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118th CONGRESS
1st Session
H. R. 2918
To provide protection for survivors of domestic violence, sexual
violence, and sex trafficking under the Fair Housing Act.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 26, 2023
Ms. Wasserman Schultz (for herself, Ms. Malliotakis, Ms. Barragan, Mr.
Bishop of Georgia, Mr. Blumenauer, Ms. Bonamici, Mr. Bowman, Ms. Bush,
Mr. Davis of Illinois, Ms. Lois Frankel of Florida, Mr. Green of Texas,
Mr. Grijalva, Mrs. Hayes, Mr. Ivey, Mr. Khanna, Ms. Kuster, Ms. Lee of
California, Mr. Lieu, Mrs. McClellan, Ms. Moore of Wisconsin, Mr.
Mullin, Mrs. Napolitano, Mr. Nickel, Ms. Norton, Ms. Ocasio-Cortez, Ms.
Porter, Ms. Ross, Ms. Sewell, Ms. Stansbury, Mr. Takano, Mr. Thompson
of Mississippi, Ms. Titus, Ms. Tlaib, Mr. Torres of New York, Mrs.
Watson Coleman, Ms. Williams of Georgia, Ms. Wilson of Florida, Mr.
Soto, and Ms. Jayapal) introduced the following bill; which was
referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To provide protection for survivors of domestic violence, sexual
violence, and sex trafficking under the Fair Housing Act.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fair Housing for Survivors Act of
2023''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Cities, towns, and rural communities in the United
States continue to face enormous challenges regarding domestic
violence, sexual assault, sex trafficking, dating violence,
stalking, and other forms of intimate partner and gender-based
violence.
(2) One in three women and one in ten men in the United
States have experienced rape, physical violence, or stalking by
an intimate partner in their lifetime.
(3) Intimate partner violence alone affects more than
12,000,000 people in the United States every year.
(4) Approximately 7,000,000 women are raped or physically
assaulted by a current or former intimate partner each year.
(5) Among women experiencing sex trafficking, many of their
traffickers are also their intimate partners.
(6) Each day, an average of three women are killed by a
current or former partner.
(7) Researchers estimate that domestic violence costs
employers up to $13,000,000,000 each year.
(8) A fundamental component of ending domestic and sexual
violence is securing safe and affordable housing for survivors.
(9) Research indicates that:
(A) As many as fifty-seven percent of homeless
women report that domestic violence was the immediate
cause of their homelessness.
(B) Ninety-two percent of homeless women report
having experienced severe physical or sexual violence
at some point in their lives, including sexual
exploitation and trafficking.
(C) Eighty-four percent of survivors in domestic
violence shelters reported that they needed help
finding affordable housing. The National Network to End
Domestic Violence's DV Counts Report finds that the
majority of survivors' unmet needs are related to
housing and shelter. In another nationwide study, more
than half of the victims who identified a need for
housing services did not receive them.
(D) Survivors who become homeless as a result of
sexual assault are vulnerable to further sexual
victimization and exploitation including sex
trafficking.
(E) Women of color in the lowest income category
experience six times the rate of nonfatal intimate
partner violence compared to white women in the highest
income category.
(F) Poor women of color, domestic violence
survivors, and women with children are among those at
the highest risk of eviction.
(G) Housing insecurity can exacerbate survivors'
vulnerability. Women and men who experienced food or
housing insecurity in a 12-month period had a
significantly higher prevalence of rape, physical
violence, or stalking by an intimate partner in that
same time period, as compared to those who did not
experience food or housing insecurity.
(H) Vulnerable women are also at risk of sex
trafficking and exploitation by landlords who pressure
them for sex in exchange for rent or a delay in rent
payments.
(I) Approximately thirty-eight percent of all
survivors of domestic violence become homeless at some
point in their life.
(10) Surveys show that a majority of survivors who
experience a sexual assault in their home do not relocate to a
safe environment because they do not have sufficient funds and
are not aware of better options.
(11) Domestic and sexual violence survivors often find
themselves trapped in homes where they are further victimized
by caregivers, parents, siblings, landlords, intimate partners,
neighbors, or others in or near their home. Economic insecurity
and the trauma that often follows sexual violence make it
difficult, if not impossible, for many survivors to access
safe, affordable housing options for themselves and their
families.
(12) Domestic and sexual violence survivors continue to
face discrimination in securing and maintaining housing based
on their status as survivors and as a result of crimes
committed against them.
(13) Research by the Attorney General of the State of New
York found that sixty-seven percent of domestic violence
survivors reported that discrimination by landlords is a
significant obstacle in obtaining housing.
(14) Research also shows that survivors of domestic
violence or sexual assault are commonly denied housing
opportunities if a previous residence of the survivor was a
domestic violence shelter, if the survivor has secured a
protective order, or if there is other evidence that the
survivor has experienced a previous domestic violence incident.
(15) Studies show that survivors of domestic violence or
sexual assault often face eviction based on a single domestic
violence incident.
(16) Survivors of sex trafficking face additional
challenges in obtaining and maintaining housing due to criminal
records incurred as a direct result of their exploitation.
(17) It is in the public interest to ensure that survivors
of domestic violence, sexual assault, sex trafficking, dating
violence, stalking, and other forms of intimate partner and
gender-based violence are not discriminated against,
particularly with respect to housing, based on their status as
victims of the crimes committed against them.
SEC. 3. SURVIVORS OF DOMESTIC VIOLENCE OR SEXUAL ASSAULT AS PROTECTED
CLASS UNDER THE FAIR HOUSING ACT.
(a) In General.--The Fair Housing Act (42 U.S.C. 3601 et seq.) is
amended--
(1) in section 802 (42 U.S.C. 3602), by adding at the end
the following:
``(p) `Domestic violence'--
``(1) has the meaning given the term in section 40002(a) of
the Violence Against Women Act of 1994 (34 U.S.C. 12291(a));
and
``(2) includes--
``(A) dating violence and stalking, as such terms
are defined in such section 40002(a); and
``(B) threatened domestic violence.
``(q) `Sexual assault'--
``(1) has the meaning given the term in section 40002(a) of
the Violence Against Women Act of 1994 (34 U.S.C. 12291(a));
and
``(2) includes threatened sexual assault.
``(r) `Severe forms of trafficking in persons' has the meaning
given the term in section 103 of the Trafficking Victims Protection Act
of 2000 (22 U.S.C. 7102).
``(s) `Coercion' has the meaning given the term in section 103 of
the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102).
``(t) `Survivor of domestic violence, sexual assault, or severe
forms of trafficking in persons' includes any person who experienced or
is perceived to have experienced domestic violence, sexual assault, or
severe forms of trafficking in persons.''.'';
(2) in section 804 (42 U.S.C. 3604)--
(A) in subsection (a), by striking ``or national
origin'' and inserting ``national origin, or whether a
person is a survivor of domestic violence, sexual
assault, or severe forms of trafficking in persons'';
(B) in subsection (b), by striking ``or national
origin'' and inserting ``national origin, or whether a
person is a survivor of domestic violence, sexual
assault, or severe forms of trafficking in persons'';
(C) in subsection (c), by striking ``or national
origin'' and inserting ``national origin, or whether a
person is a survivor of domestic violence, sexual
assault, or severe forms of trafficking in persons'';
(D) in subsection (d), by striking ``or national
origin'' and inserting ``national origin, or whether a
person is a survivor of domestic violence, sexual
assault, or severe forms of trafficking in persons'';
and
(E) in subsection (e), by striking ``or national
origin'' and inserting ``national origin, or whether a
person is a survivor of domestic violence, sexual
assault, or severe forms of trafficking in persons'';
(3) in section 805 (42 U.S.C. 3605)--
(A) in subsection (a), by striking ``or national
origin'' and inserting ``national origin, or whether a
person is a survivor of domestic violence, sexual
assault, or severe forms of trafficking in persons'';
and
(B) in subsection (c), by striking ``or familial
status'' and inserting ``familial status, or whether a
person is a survivor of domestic violence, sexual
assault, or severe forms of trafficking in persons'';
(4) in section 806 (42 U.S.C. 3606), by striking ``or
national origin'' and inserting ``national origin, or whether a
person is a survivor of domestic violence, sexual assault, or
severe forms of trafficking in persons'';
(5) in section 807 (42 U.S.C. 3607), by adding at the end
the following:
``(c) Nothing in this title shall prohibit a Federal, State, unit
of local government, or other assistance or preference program from
being designed to assist or benefit survivors of domestic violence,
sexual assault, or severe forms of trafficking in persons in seeking,
securing, or maintaining dwellings, shelters, or any other form of
housing for such survivors, including associated notices, statements,
or advertisements of such dwelling.''; and
(6) in section 808(e)(6) (42 U.S.C. 3608(e)(6)), by
inserting ``status as a survivor of domestic violence, sexual
assault, or severe forms of trafficking in persons,'' after
``handicap,''.
(b) Prevention of Intimidation in Fair Housing Cases.--The Civil
Rights Act of 1968 (42 U.S.C. 1301 et seq.) is amended--
(1) in section 901 (42 U.S.C. 3631)--
(A) in the paragraph preceding subsection (a), by
inserting ``or coercion'' after ``threat of force'';
(B) in subsection (a), by striking ``or national
origin'' and inserting ``national origin, or because
the person is a survivor of domestic violence, sexual
assault, or severe forms of trafficking in persons'';
(C) in subsection (b)(1), by striking ``or national
origin'' and inserting ``national origin, or because a
person is a survivor of domestic violence, sexual
assault, or severe forms of trafficking in persons'';
and
(D) in subsection (c), by striking ``or national
origin'' and inserting ``national origin, or because a
person is a survivor of domestic violence, sexual
assault, or severe forms of trafficking in persons'';
and
(2) by inserting after section 901 the following:
``SEC. 902. DEFINITIONS.
``In this title, the terms `domestic violence', `sexual assault',
`severe forms of trafficking in persons', `coercion', and `survivor of
domestic violence, sexual assault, or severe forms of trafficking in
persons' shall have the meaning given such terms in section 802.''.
(c) Preservation of Survivors' Ability To Recover for Other Forms
of Discrimination.--Nothing in this Act, or an amendment made by this
Act, shall be interpreted to limit the ability of survivors of domestic
violence, sexual assault, or severe forms of trafficking in persons to
recover for any other claims of discrimination under the Fair Housing
Act (42 U.S.C. 3601 et seq.), including with respect to failure to
conform to gender stereotypes or policies that disproportionately
affect women.
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